Item O1* 3:00 P.M. Public Hearing *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 10, 2015 - MAR Division: County Attorney
Bulk Item: Yes No X
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending Chapter 25 of
the Monroe County Code relating to Non -Consensual Towing Services.
ITEM BACKGROUND: The County currently has an ordinance that regulates towing and storage
services provided at the request of law enforcement officers; however, the code is silent as to non-
consensual towing services. Following the receipt of citizen complaints, the County Attorney's office
has now been asked to supplement the chapter that regulates towing services to include non-consensual
towing services.
PREVIOUS RELEVANT BOCC ACTION:
2/18/15 (P-5) BOCC approved a public hearing for 3/18/15 at 3:00 p.m. in Marathon, FL
3/18/15 (R-6) BOCC continued public hearing to 4/15/15 at 3:00 p.m. in Key West, FL
4/15/15 (0-5) BOCC continued public hearing to 5/20/15 at 3:00 p.m. in Key Largo, FL
5/20/15 (Q-4) BOCC continued public hearing to 6/10/15 at 3:00 p.m. in Marathon, FL
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval
Advertising costs/
TOTAL COST: Other costs TBD INDIRECT COST: BUDGETED: Yes XX No
DIFFERENTIAL OF LOCAL PERFERENCE:
Advertising Costs/
COST TO COUNTY: Other Costs TBD SOURCE OF FUNDS:
10 ATJ Di a " 3
M
County Aq?,-i
OMB/Purchasing
DOCUMENTATION: Included X Not Required.
Revised 2/05
Risk Management
ORDINANCE 1 ;#
AN ORDINANCE OF THEBOARD OF COUNTY
COMMISSIONERS OF MONROECOUNTY,
FLORIDA,1 • 25 ARTICLE
MONROE COUNTYCODE,11 ! 1
NON-CONSENSUAL 1
SETTINGSECTION 25-7; !'AUTHORITY
TO ENACT THE ORDINANCE; SETTING FORTH
THE TITLE 1 . r> PROVIDING
1
NON-
CONSENSUAL1
i '
EQUIPMENT1UIREMENTS; SETTING FORTH
RATES;MAXIMUM IFORTH TOW TRUCK
COMPANY REQUIREMENTS; FORTH
INSURANCE1 . SETTING FORTH
INSTRUCTION OF REAL PROPERTY OWNER, DULY
AUTHORIZED OR LAW ENFORCEMENT
FORTHAGENCY; SETTING 1 AND
PENALTY PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING rR INCORPORATION INTi THE
MONROE COUNTYCODE OF ORDINANCES; AN1
PROVIDING DATE.
WHEREAS, the Board of County Commissioners finds it necessary for the
protection of the public's health, safety and welfare to enact regulations governing
nonconsensual tows; and
WHEREAS, the Board of County Commissioners is expressly authorized to
enact the provisions below in accordance with Florida Statute Sections 125.0103(1)
(b) and 715.07;
Section 1. Section 25-7(A) is hereby added to the Monroe County Code
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of Ordinances as follows:
Sec. 25-7(A). - Authority.
This section is enacted pursuant to the statutory power of Monroe County to
establish and enforce business regulations necessary for the protection of the public,
and pursuant to Florida Statutes, Sections 125.0103(1)(b) and 715.07.
Section 2. Section 25-7(B) is hereby added to the Monroe County Code
of Ordinances as follows:
Sec. 25-7(B). - Short title.
This section shall be known as "The Non -Consensual Private Towing Services
Ordinance of Monroe County."
Section 3. Section 25-7(C) is hereby added to the Monroe County Code
of Ordinances as follows:
Sec. 25-7(C). - Purpose.
The purpose of this section is to regulate non-consensual tows consistent with
Federal and State laws and to create a mechanism for the establishment of maximum
permissible rates which may be charged for the towing and storage of motor
vehicles/vessels by private persons not acting at the behest of local, county, state, or
federal government and without the consent of the owner when such vehicles/vessels
are located on private or public land. This section shall not apply to vessels located
and towed or removed from private or public waterways.
Section 4. Section 25-7(D) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25-7(D). - Definitions.
For purposes of this section, the following definitions shall apply:
"Board" shall mean the Board of County Commissioners of Monroe County, Florida.
"Custodian" shall mean one lawfully authorized and entrusted to possess, guard,
maintain, and/or operate the property of another.
" Lieensin Permitting official" shall mean the County Administrator or his/her
designee.
PA
"Non -consent" or "Nonconsensual private towing services" shall mean the
immobilizing, towing and/or storage of a vehicle or vessel, without the prior express
consent of the owner or custodian, by any person who is not acting pursuant to a
contract with a unit of local, county, state, or federal government.
"Owner" shall mean that person who exercises dominion and control over a vehicle,
other personal property, or real property, including, but not limited to, the legal
titleholder, lessee, designated representative of a condominium association, or any
other person authorized to share dominion and control over the property.
"Person" shall mean any natural person, or any association, corporation, firm, joint
venture, partnership, or other entity.
"Storage" shall mean the safekeeping of a vehicle which has been towed under the
authority of this section.
"Towing" or "tow" shall mean taking possession of a vehicle and its contents,
exercising control, supervision and responsibility over it, and changing its location
by immobilizing, hauling, drawing, or pulling it by means of another vehicle, with or
without booms, car carriers, winches, or similar equipment.
"Vehicle" shall mean an automobile, bus, motorcycle, recreational unit primarily
designed as temporary living quarters which either has its own motive power or is
mounted on or drawn by another vehicle, semi -trailer, semi -trailer combination,
trailer, truck, truck tractor, van, or any other mechanized conveyance used to
transport persons or property and designed to operate on public roads without a fixed
track.
Section 5. Section 25-7(E) is hereby added to the Monroe County Code
of Ordinances as follows:
Sec. 25-7(E). - Operating permit required.
1) Except as otherwise provided herein, it shall be unlawful for any person to
conduct nonconsensual private towing services, or to cause or permit any other
person for compensation to conduct nonconsensual private towing services in the
County without first obtaining a nonconsensual tow permit under this section. It shall
also be unlawful to advertise said services without first obtaining and maintaining a
current non-consensual tow permit pursuant to the provisions of this section. A
person conducting non -consent tows in the County but having his/her primary place
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of business outside of the County shall be required to obtain a non-consensual tow
permit and shall be subject to all the provisions of this section.
(2) Nothing in this section shall be construed to prohibit the discharge or storage
of a vehicle lawfully recovered, towed or removed within a City or another County
and lawfully transported within, or into, the County; nor shall anything in this
section be construed to prohibit a vehicle owner from requesting the services of a
towing business not regularly doing business in the County (i.e., routinely,
contracted, etc.) to tow or transport such vehicle out of the County.
(3) The provisions of this section shall not apply to governmental agencies and
persons operating pursuant to a government initiated tow request.
Section 6. Section 25-7(F) is hereby added to the Monroe County Code
of Ordinances as follows:
Sec. 25-7(F). - New applications/renewals and issuance of non-consensual
tow permit; fees.
(1) Permit - The heensin Permitting official shall issue a nonconsensual tow
permit to persons that have met the requirements as provided for in this sub -section.
A non-consensual tow permit may be issued to persons having a non-consensual tow
permit from a jurisdiction meeting the requirements set forth below.
(2) Every application/renewal for an operating permit shall be in writing, signed
and verified by the applicant, and filed with the County Administrator or his
designee. The completed application packet may be mailed or hand delivered to the
Office of the Monroe County Administrator. If mailed, the applicant shall be
responsible for ensuring delivery of the application packet. The application/renewal
shall be on a form prescribed by the County Administrator or his designee and shall
contain all the information required by that form, including, but not limited to:
1. Sufficient information to identify the applicant; including, but not limited
to, full legal name, date of birth or date of formation or incorporation of legal
entity, business telephone numbers, and all business and residence addresses.
If the applicant is a corporation, the foregoing information shall also be
provided for each corporate officer, director, resident agent and shareholder.
If the applicant is a partnership, the foregoing information shall also be
provided for each general and each limited partner. Post office box addresses
will not be accepted.
II. Documentation demonstrating that all corporate or partnership applicants
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are qualified to do business under state law.
III. Photocopy of all city and county business tax receipts of the applicant.
IV. A list of all persons with any ownership interest in the applicant who
have previously been denied a license.
V. Any trade name under which the applicant operates, intends to operate, or
has previously operated, and a description of proposed, existing and previous
towing vehicles' colors and markings.
VI. A description of the applicant's management plan, which shall include,
but is not limited to: Location and description of all places of business; a
description of all towing vehicles and equipment; a description of the plan
and facilities for maintaining towing vehicles and equipment; a system for
handling complaints and accidents, insurance coverage and a description of
any communication system.
VII. A description of services proposed to be provided, including, but not
limited to, days and hours of operation and types of towing and storage
services to be provided.
VIII. Sufficient information to identify the applicant and each employee,
including, but not limited to, full legal name, date of birth and social security
number. For each employee, the towing company shall obtain documentation
from the relevant local, state and federal agencies regarding the employee's
criminal and arrest history and either submit such information to the county
or submit proof that such employee has undergone a background screening
and has been cleared by either the FHP or MCSO within the previous 12
months. Towing companies shall submit current employee information every
year.
IX. If the applicant is a sole proprietorship; the individual applicants shall
obtain and submit their fingerprints and photographs from an appropriate law
enforcement agency and provide them with the application and, where civil
rights have been revoked, provide such information with the application. If
the applicant is a corporation or partnership, all such information shall be
provided by all corporate officers and directors, or partners, as the case may
be, and by all stockholders who own, hold or control five percent or more of
issued and outstanding stock in the corporation or beneficial interest therein,
and by all officers and directors of any corporate general partners of a
partnership and by stockholders who own, hold or control five percent or
more of issued and outstanding stock in a corporate general partner, or
beneficial interest therein. In lieu of providing the information required by
this subsection, applicant may submit proof that such information has been
provided to the FHP or MCSO and the applicant(s) have been cleared by said
W
agency.
X. Proof of insurance as required in this section.
XI. The signature of each individual applicant, the signature of the president
or vice-president of a corporate applicant, and the signature of all the general
partners of a partnership applicant.
XII. An affidavit signed by the applicant that the applicant shall abide by this
article, city, county and state law.
XIII. It shall be a violation of this section to fail to report to the heensing
Permitting official any material change pertaining to the information supplied
by the applicant or licensee for his license, including, but not limited to,
changing the location of the applicant's place of business prior to issuing the
license and during the time period for which the license has been issued.
XIV. Each applicant for a license shall provide a schedule of all proposed
rates and charges.
XV. Any additional information about the application as the heensin
Permitting official may deem appropriate.
(3) The heensing Permitting official shall review and investigate each
application/renewal of a non-consensual tow permit and shall deny any
application/renewal that is incomplete or untrue in whole or in part, or which fails in
any way to meet the requirements of this section. The Permitting official shall have
30 days from the date of receipt of the application to complete the review and either
issue the permit or deny the application. In the event of a denial, the Permitting
official shall inform the applicant in writing of the basis for the denial. Any
application for which a written denial has not been issued within 30 days of receipt
shall be deemed approved.
(4) The Applicant must arrange for, submit to, and include a background check (at
the applicant's sole expense), and to be eligible for a nonconsensual tow permit the
heensing Permitting official must find that:
(a) Neither the applicant, nor any officer, director or partner of the applicant,
nor any stockholder owning, holding, controlling or having a beneficial
interest in five percent or more of the issued and outstanding stock of a
corporate general partner of a partnership applicant, has a currently
suspended permit, has had its permit revoked by action of the heefising
Permitting official within two years of the date of application, or has
outstanding and unsatisfied civil penalties imposed on account of violations
of this article.
C1
(b) Neither the applicant, nor any officer, director or partner of the applicant,
nor any stockholder owning, holding, controlling or having a beneficial
interest in five percent or more of the issued and outstanding stock of a
corporate general partner of a partnership applicant, has been convicted of
one or more felonies within the preceding five years; or that three
misdemeanors have been committed within the 36-month period preceding
the date of the application, unless the civil rights of such individual or
applicant have been restored or that such person has successfully completed
all sentences of incarceration, probationary periods, required rehabilitation
activities and payment of all fines and penalties imposed. For applicants
requesting renewal, the heensin Permitting official may only consider
crimes committed after the date the applicant obtained his license, unless
such crimes were not previously disclosed in the original application.
(c) Each corporate or partnership application is qualified under the state law
to do business under the trade name or names under which it has applied for a
license.
(d) No fraud or willful or knowing misrepresentation or false statement was
made in the application.
(e) No judgment against the applicant arising out of the activity of recovery,
towing or removing a vehicle or providing storage in connection therewith
remains unsatisfied, unless a stay or reversal of the judgment is procured
through the courts.
(f) No outstanding warrants of arrest against the applicant nor any officer,
director or partner of the applicant, nor any stockholder owning, holding,
controlling or having a beneficial interest in five percent or more of the
issued and outstanding stock of a corporate general partner of a partnership
applicant.
(5) If there are six (6) months or less remaining before the annual renewal period, the
nonrefundable fee for the non-consensual tow permit shall be fifty (50) percent of
the approved fee, otherwise all other fees are applicable.
(6) Except for the initial permit, each non-consensual tow permit issued pursuant to
this section shall be valid and effective for a maximum of one (1) year. Each non-
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consensual tow permit shall terminate on June 30 of each year.
(7) Persons failing to submit a complete and true application within thirty (30)
calendar days after the heensing Permitting official's receipt and any notification of
the incompleteness of the application shall be denied a non-consensual tow permit.
(8) All non-consensual tow permits shall be renewed annually. As a part of the
renewal process, the original application shall be updated and verified by the
applicant. Each updated renewal application shall be accompanied by a
nonrefundable fee. All non-consensual tow permits which are not renewed shall
automatically expire upon the expiration date of the permit, and all non-consensual
tows shall cease immediately. The heensin Permitting official shall deny each
renewal application that is not timely, is incomplete, is untrue in whole or in part, is
unaccompanied by the required fees, or results in a determination by the heensixg
Permitting official that the applicant has failed to satisfy the requirements of this
section.
(9) After initial application and upon renewal, the applicant shall submit to a
background investigation every other year the results of which shall be provided to
the heensin Permitting official.
(10) Each non-consensual tow permit shall be printed on a certificate containing, at a
minimum, the name and address of the company, the name of the principal, the dates
the operating permit is in effect, and any identifying number assigned by the
heensin Permitting official to the company. The non-consensual tow permit
certificate issued by the heensin g Permitting official shall remain the property of the
Monroe County and shall be used only under the authority of this section.
(11) A non-consensual tow permit issued or renewed pursuant to the provisions of
this section shall not be transferable, nor shall the ownership structure of the
operating permit be so modified as to constitute a change in the control or ownership
of the operating permit. If the business changes its name or ownership structure, a
new business permit application and the business application permit fee shall be
submitted to the heensin Permitting official within forty- five (45) days of said
change. In cases where the name of the business changes, the new business will be
required to have each vehicle inspected.
(12) An initial application fee of $200.00 shall contemporaneously be submitted to
the lieensin Permitting office. The annual renewal fee shall be $150.00
P
(13) Failure to comply with the provisions of this section shall result in denial of a
non-consensual tow permit, revocation or suspension of the permit, a denial of
renewal of such permit, issuance of a civil citation, a misdemeanor citation and/or
other such remedies available as specified herein.
Section 7. Section 25-7(G) is hereby added to the Monroe County Code
of Ordinances as follows:
Sec. 25-7(G) Required Equipment
(1) Every towing service operating under this section will be required to comply with
the equipment requirements set forth in M.C.C. section 254(b).
(2) No more than 30 days prior to submitting the initial application, or a renewal
application, the applicant shall be required to undergo an inspection performed by
the Monroe County Fleet Maintenance Department showing that the applicant
complies with the equipment requirements set forth in M.C.C. section 254(b). The
applicant will be required to contact the Monroe County Fleet Maintenance
department and schedule a mutually convenient time for said inspection. Upon
completing the inspection the Monroe County Fleet Maintenance Department shall
provide the applicant with an inspection form signed by the individual performing
the inspection. Applicant shall submit the inspection form with the initial/renewal
application. Applicants, in the 6 months prior to submission of an application, who
have had their equipment inspected by the Monroe County Sheriff's Office or the
Florida Highway Patrol pursuant to M.C.C. section 25-4 may submit a copy of the
completed inspection form, signed by a MCSO deputy or FHP officer, in lieu of the
inspection performed by the Monroe County Fleet Maintenance Department.
Section 8. Section 25-7(H) is hereby added to the Monroe County Code
of Ordinances as follows:
Sec. 25-7(H). - Maximum rates for nonconsensual towing services.
(1) The maximum rate for a nonconsensual private tow shall be as follows:
(1) $135.00 for mopeds, motorcycles, cars and vehicles weighing 10,000
pounds or less plus $3.00 per mile.
(2) $200.00 for vehicles weighing between 10,001 and 20,000 pounds plus
$4.00 per mile.
(3) $485.00 for vehicles weighing in excess of 20,000 pounds plus $5.00 per
mile.
(4) A labor rate of up to a maximum of $135.00 per hour may be applied in
VI
circumstances where extraordinary effort, such as the use of multiple tow
trucks, is required.
A person in the process of towing or removing a vehicle or vessel from the
premises or parking lot in which the vehicle or vessel is not lawfully parked must
stop when a person seeks the return of the vehicle or vessel. The vehicle or vessel
must be returned upon the payment of a reasonable service of not more than one-half
the rates set forth above. The vehicle or vessel may be towed or removed if, after a
reasonable opportunity, the owner or legally authorized person in control of the
vehicle or vessel is unable to pay the service fee. If the vehicle or vessel is redeemed,
a detailed signed receipt must be given to the person redeeming the vehicle or vessel.
(2) Storage fees may be charged only after the vehicle has been in the storage facility
for at least six (6) hours. If the vehicle is not recovered by the vehicle/vessel owner
after the six -hour time period has elapsed, then storage charges shall accrue in
twenty-four- hour increments from the time the vehicle/vessel arrived in the storage
facility at the rate of thirty dollars ($30.00) per day for outside storage plus $2.00 per
foot for motor vehicles over 20 feet long and forty dollars ($40.00) per day for inside
storage plus $2.00 per foot for motor vehicles over 20 feet long.
(3) An administrative fee in the maximum amount of twenty-five dollars ($25.00)
shall be charged for all vehicles. A notification/lien fee of $50.00 for the first
notification and $20.00 for each additional letter shall only be charged after the
vehicle/vessel has been in the storage facility for at least twenty-four hours (24)
hours; and, the non -consent tow company must show proof that lien letter(s) have
been prepared with the appropriate names/addresses (i.e., U.S. Mail Certification
Number, correspondence copies, etc.) and that actual fees for obtaining required
ownership information have been expended. Failure to document and provide all of
the above required information will result in notification/lien fee charges being
removed from the total cost of the service/invoice and is a violation of this section.
Prior to instituting such charge, the tow company must provide such documentation
to the vehicle/vessel owner upon demand.
(4) After -hour gate fees may not be applied between the hours of 8:00 a.m. and 5:00
p.m. Monday through Friday (excluding federal holidays). The maximum amount of
such after-hours gate fee shall be seventy-five dollars ($75.00).
(5) Persons who provide services pursuant to this section shall not charge in excess
of the maximum allowable rates established by the Board. No person providing
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services pursuant to this section shall charge any type of fee other than the rates the
Board has specifically established. Persons who provide nonconsensual tow services
from the County to a location outside the County shall abide by the terms of this
section including all rates and charges adopted by the Board.
(6) Persons who provide non-consensual tow services pursuant to this section shall
provide a Monroe County, Florida Maximum Non -Consent Towing Rates sheet to
the vehicle or vessel owner upon request at the time of payment.
(7) Every towing service operating under this section shall conspicuously display at
its place of business the maximum charges that may be imposed for ordinary towing
and road service under this section.
(8) Upon payment of the fees specified herein, persons who provide non-consensual
tow services in areas where the speed limit exceeds 35 mph shall make reasonable
arrangements to return any non -commercially owned moped, electric car or similar
reduced -speed vehicle to the vehicle owner. The tow company may impose a fee, not
to exceed $50.00 and $3.00 per mile (one way only) for the return delivery service.
Section 9. Section 25-7(I) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25-7(I). - Non -consent tow company requirements.
(1) Non -consent tow companies which provide services pursuant to this section shall
advise any vehicle/vessel owner who calls by telephone prior to arriving at the
storage facility of the following:
(a) Each and every document or other item which must be produced to
retrieve the vehicle/vessel;
(b) The exact charges as of the time of the telephone call, and the rate at
which charges accumulate after the call;
(c)The acceptable methods of payment; and
(d) The hours and days the storage facility is open for regular business.
(2) Persons providing nonconsensual tow services pursuant to this section shall allow
every vehicle/vessel owner to inspect the interior and exterior of the towed vehicle
upon his or her arrival at the storage facility before payment of any charges (except
for "after -hour gate fee"). With the exception of vehicle being held pursuant to the
specific request or "hold order" of a law enforcement agency, the vehicle/vessel
owner or authorized driver/agent shall be permitted to remove the vehicle license tag
and any and all personal property inside but not affixed to the vehicle/vessel. A
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vehicle/vessel owner who shows a government issued photo identification shall be
given access to view ownership documents stored in the vehicle/vessel. The
vehicle/vessel and/or personal property shall be released to the vehicle/vessel owner
if the ownership documents are consistent (name and address) with the photo
identification. When a vehicle/vessel owner's government issued identification and
ownership documents are stored inside the impounded vehicle due to unforeseen
circumstances, the tow company shall be required to recover the ownership
documents stored in the impounded vehicle (i.e., glove compartment, sun visors,
etc.) upon receipt of a vehicle/vessel key, vehicle access code, or electronic device
from the vehicle/vessel owner that would allow entry. The vehicle/vessel and/or
personal property shall be released to the vehicle/vessel owner if the ownership
documents are consistent with the photo identification.
(3) Persons providing nonconsensual tow services pursuant to this section shall
accept payment for charges from the vehicle/vessel owner in all the following forms:
(a) Cash, money order or valid traveler's check; and
(b) Valid bank debit/credit card, which shall include, but not be limited to,
MasterCard or VISA.
(4) Persons providing nonconsensual tow services pursuant to this section shall not
store or impound a towed vehicle/vessel at a distance which exceeds a fifteen (15)
mile radius of the location from which the vehicle/vessel was recovered, towed or
removed unless no towing company providing services under this section is located
within a fifteen -mile radius, in which case a towed or removed vehicle/vessel must
be stored at a site within thirty (30) miles of the point of removal.
(5) Persons providing nonconsensual tow services pursuant to this section shall
maintain one or more storage facilities, each of which shall maintain a current
business tax receipt and when applicable a municipal business tax receipt. The
storage facility must be secured and fenced with a minimum of six (6) feet fencing,
lighted and equipped with a lock or enclosed building and otherwise comply with the
Monroe County Code of Ordinances. The business shall be open for the purpose of
redemption of vehicles/vessels by owners on any day that the tow truck company is
open for towing purposes.
At a minimum, each
business operating pursuant to a non-consensual tow permit shall be open from at
least 8:00 a.m. to 5:00 p.m., Monday through Friday. When closed, each business
shall have posted prominently on the exterior of the storage facility and place of
business, if different, a notice indicating a telephone number where the tow truck
12
company can be reached at all times. Upon request of the vehicle/vessel owner or
authorized driver/agent, the tow truck company shall release the vehicle/vessel to the
vehicle/vessel owner or authorized driver/agent within one (1) hour.
(6) Persons providing nonconsensual tow services pursuant to this section shall not,
as a condition of release of the vehicle/vessel, require a vehicle/vessel owner or
authorized driver/agent to sign any release or waiver of any kind which would
release the tow truck company from liability for damages noted by the vehicle/vessel
owner or authorized driver/agent at the time of the vehicle's/vessel's release. A
detailed, signed receipt showing the legal name of the tow truck company removing
the vehicle/vessel shall be given to the vehicle/vessel owner or authorized
driver/agent at the time of payment, whether requested or not.
(7) Persons providing nonconsensual tow services pursuant to this section shall
release vehicles/vessels towed or removed to the vehicle/vessel owner or authorized
driver/agent upon presentation of proof of ownership documents. Proof of ownership
documents shall include:
(a) Current vehicle registration;
(b) Vehicle title;
(c) An authorized driver/agent with a notarized release from the
vehicle/vessel owner or lien holder. Vehicle/vessel owners have the right to
identify/approve designated agents to claim vehicles on their behalf. A
facsimile or electronic transfer of a notarized release statement from the
vehicle/vessel owner shall be accepted;
(d) Insurance card with the vehicle/vessel owner's information and vehicle
description;
(e) Licensed dealer in possession of an auction buyer's sales invoice; and/or
(f) A notarized bill of sale for non -titled vehicles or vessels that cannot
otherwise be titled or registered.
(8) Persons providing nonconsensual tow services pursuant to this section shall make
a "good faith effort" to locate the vehicle/vessel owner or lien holder. For the
purposes of this paragraph and subsection, a "good faith effort" means that the
required steps have been performed by the tow truck company according to Florida
Statutes, §713.78 (4) (d) . Failure to make a "good faith effort" to comply with the
notification requirements of this section shall preclude the imposition of any storage
charges against such vehicle or vessel.
(9) Persons providing nonconsensual tow services pursuant to this section who
13
exceed the rates set forth in this section or impose charges not set forth in this
section or in the Florida Statutes shall be required to reimburse those charges upon
presentation by the vehicle/vessel owner to the heensin Permitting official of an
affidavit, sworn to by the vehicle/vessel owner, and accompanying proof of payment
of the excessive charges in the form of a receipt, credit card statement, etc., to the
heensin Permitting official. Failure to reimburse the owner of the vehicle/vessel in
such cases is a violation of this section.
(10) It shall be a violation of this section for any person providing nonconsensual
tow services to fail to respond in writing within ten (10) business days to any written
inquiry or request for information from the lieeHsing Permitting official or any law
enforcement agency.
Section 10. Section 25-7(J) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25-7(J). - Insurance requirements. No person shall for compensation
recover, tow, or remove a motor vehicle or provide motor vehicle storage or
otherwise function as a wrecker operator until that person maintains in effect an
insurance policy or policies that shall insure that person for its liability at a
minimum:
(1) For each tow truck, combined single limit of $500,000.00; and
(2) For garage keeper's liability, in an amount not less than $50,000.00 for
each loss covering perils of fire and explosion, theft of a motor vehicle
and parts or contents, riot and civil commotion, vandalism, malicious
mischief, and for on -hook protection.
Section 11. Section 25-7(k) is hereby added to the Monroe County Code of
Ordinances as follows:
Sec. 25-7(K). - Non -consent towing with prior express instruction of real
property owner or duly authorized agent and/or law enforcement agency.
In addition to the other requirements of this section, no person shall engage in non-
consensual towing services or provide storage in connection therewith without the
prior express instruction of the vehicle/vessel owner or authorized driver, except in
accordance with the following:
(1) Persons providing non-consensual tow services in accordance with applicable
M1
provisions of the Monroe County Code of Ordinances may, for compensation,
recover, tow or remove a vehicle/vessel based upon a police directed tow without the
prior express instruction of the vehicle/vessel owner.
(2) Persons may provide nonconsensual tow services without the authorization of the
vehicle/vessel owner upon the prior express instruction of the real property owner or
his duly authorized agent on whose property the vehicle/vessel is disabled,
abandoned or parked without authorization or whose vehicle/vessel owner or
authorized agent is unwilling or unable to remove the vehicle/vessel, provided that
the requirements of this section are satisfied. The non -consent tow company
recovering, towing or removing a vehicle/vessel shall, within thirty (30) minutes of
completion of such towing or removal, notify the appropriate law enforcement
agency in which jurisdiction the vehicle/vessel was parked of the nature of the
service rendered, the name and address of the storage facility where the
vehicle/vessel will be stored, the time the vehicle was secured to the towing vehicle,
and the make, model, color and vehicle/vessel license plate number (if any). The
person providing non-consensual tow services shall obtain the name of the per -sea -at.
CAD number from the law enforcement agency to whom such information was
reported and note that information on the trip record.
(3) No person providing non-consensual tow services shall pay or rebate money, or
solicit or offer the rebate of money, or other valuable consideration in order to obtain
the privilege of rendering towing services
(4) Each person providing pre -authorized non-consensual tow services shall enter
into a written contract with every owner or duly authorized agent of private
commercial, or public property that authorizes non-consensual tow services on or
from its property. This written contract shall include the beginning date of said
contract, the names of all persons who can authorize prior express instruction to the
tow truck company to remove, recover or tow any vehicle/vessel on or from its
property. The written contract shall include the name and current telephone number
of the tow truck company performing the towing service, and the name, address and
telephone number for any duly authorized agents acting on behalf of the real
property owner. The written contract for non -consent towing shall also include a
clear statement of liability for the real property owner as stated in Florida Statutes, §
715.07(4), which statute shall be included as an exhibit to the contract. No such
contract shall state that the person providing non-consensual tow services assumes
the liability for improperly towed vehicles/vessel, contrary to Florida Statutes, §
715.07(4). The person providing non-consensual tow services must keep on file each
15
contract and addendum (if applicable) with the property owner. Such contract shall
be maintained for at least twelve (12) months after termination. The heeftsin
Permitting official and law enforcement officers may inspect and request a copy of
any and all such contracts from the person providing non-consensual tow services
during normal business hours. The person providing non-consensual tow services
may not withhold production of the contract upon demand by the heexsin
Permitting official or law enforcement. Failure to enter into or keep on file a contract
with the property owner shall be a violation of this section. All contracts which were
entered into prior to the effective date of this section, shall accomplish the
requirements of this subsection by entering into an addendum to the current contract
within three (3) months following the enactment of this section. Nothing in this
subsection is to be construed as prohibiting a towing company that has been
contacted by an owner or duly authorized agent of a private, commercial, or public
property from performing towing services when the owner or duly authorized agent
is present.
(5) Real property owners or authorized representatives shall not request the recovery,
tow or the removal of vehicles/vessels that are reasonably identifiable from markings
or equipment as law enforcement, fire -fighting, rescue squad, ambulance, or other
emergency vehicles/vessels which are marked as such or vehicles displaying a
license plate clearly indicating that such vehicle belongs to a state federal or local
government agency.
(6) Any person who improperly causes a vehicle/vessel to be recovered, towed,
removed or stored shall be liable to the vehicle owner or authorized representative
for the costs of the services provided, any damages resulting from the recovery,
towing, removal or storage and attorney's fees and court costs in accordance with
Florida Statutes.
Section 12. Section 25-7(L) is hereby added to the Monroe County Code
of Ordinances as follows:
Sec. 25-7(L). - Enforcement and penalties for violations.
(1) All law enforcement officials are hereby authorized to assist in the enforcement
of this section to the extent that it is within their respective jurisdictions to do so.
(2) It shall be unlawful for any person or entity to violate or fail to comply with any
provision of this section. Any such violation shall be punishable in accordance with
section 1-8 of the Monroe County Code of Ordinances, including a fine of not more
16
than $500.00 or a term of imprisonment not to exceed 60 days or both a fine and
term of imprisonment. Each day that any of the towing or storage rates provisions of
this section are violated shall constitute a separate offense hereunder.
(3) The penalties described in paragraph (2) of this subsection shall be in addition to
the abatement of the violating condition, any other equitable relief, or revocation of
any permit or license by any governmental entity. Should any person violate or fail
to comply with any provision of this section, the office of the county attorney may
make application to the circuit court for the Sixteenth Judicial Circuit of Florida for
an order to enjoin such violation or failure of compliance.
(4) In addition to the penalties described above, any owner who is found by the
heensin Permitting official, pursuant to the process set forth herein, to have violated
this section shall be subject to the suspension or revocation of its nonconsensual tow
permit. Within ten (10) days of an allegation that an owner has violated a provision
of this section the heensin Permitting official shall schedule a hearing with the
owner. Failure by the owner to appear at the hearing shall result in the immediate
suspension of the owners non-consensual tow permit. Such suspension shall remain
in place until the owner contacts the lieexsing Permitting official and reschedules the
hearing. The heexsing Permitting official shall hear testimony and/or evidence of the
nature of the violations and any circumstances associated therewith. After such
hearing the heensin Permitting official may suspend or revoke the violator's
nonconsensual tow permit for a period of up to one year based upon the gravity and
frequency of the violations. The violator may appeal the heensin Permitting
official's decision to the County Commission by filing written notice with the
County Administrator office within three (3) days of the heensin Permitting
official's written determination. The County Commission shall set the matter for
hearing with appropriate public notice for the next regularly scheduled Commission
meeting. By majority vote, the Commission may affirm, reverse or modify the
decision of the heensin Permitting official based upon the factors considered by the
lieensing Permitting official and those brought before the Commission at hearing.
Section 13. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 14. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
17
Section 15. This ordinance does not affect prosecutions for ordinance
violations committed prior to the effective date of this ordinance; does not waive any
fee or penalty due or unpaid on the effective date of this ordinance; and does not
affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to
the requirements of any ordinance.
Section 16. The provisions of this ordinance shall be included and incorporated
in the Code of Ordinances in the County of Monroe, Florida, as additions or amendments
thereto, and the Monroe County Code shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Section 17. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting of said Board held on the day of
2015.
Mayor Danny Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL)
Attest: AMY HEAVILIN, Clerk
By:
Deputy Clerk
By:
Mayor
0 -4
18
SUMMARY OF WRECKER SERVICE STATUTES AND F.A.C.
323.002 - Establishes rotational wrecker system
715.07 - Establishes the allowable radius form which tows may originate,
- Requires notification of police within 30 minutes of a tow,
- provides for a drop fee of no more than half the posted rate for the tow,
- prohibits payment for the privilege of a tow,
- requires posting of tow away zone,
- requires the posting of tow company rates,
- requires release within 1 hour.
These requirements are minimum standards and do not preclude enactment of additional regulations by
any municipality or county including the right to regulate rates when vehicles or vessels are towed from
private property.
F.A.C. 1513- chapter 9 - Applies to rotational wreckers
F.A.C. 156-9.006 — Establishes minimum insurance requirements
F.A.C.15B-9.010 — Requires compliance with County established rates
(1) Public Service Rates. Wrecker operators located in zones in which maximum rates for towing and
storage of vehicles removed at the division's request have been established by a county commission or
municipal commission pursuant to Sections 125.0103 and 166.043, F.S., or other applicable authority,
shall comply with those rates.
F.A.C. 156-9.011— Sets forth storage facility requirements.
Statutes & Constitution :View Statutes : Online Sunshine
Page 1 of 2
Select Year: 2014 v Go
The 2014 Florida Statutes
Title XXIII Chapter 323 View Entire Chapter
MOTOR VEHICLES WRECKER OPERATORS
323.002 County and municipal wrecker operator systems; penalties for operation outside of
system.—
(1) As used in this section, the term:
(a) "Authorized wrecker operator" means any wrecker operator who has been designated as part of
the wrecker operator system established by the governmental unit having jurisdiction over the scene of
a wrecked or disabled vehicle.
(b) "Unauthorized wrecker operator" means any wrecker operator who has not been designated as
part of the wrecker operator system established by the governmental unit having jurisdiction over the
scene of a wrecked or disabled vehicle.
(c) "Wrecker operator system" means a system for the towing or removal of wrecked, disabled, or
abandoned vehicles, similar to the Florida Highway Patrol wrecker operator system described in s.
321.051(2), under which a county or municipality contracts with one or more wrecker operators for the
towing or removal of wrecked, disabled, or abandoned vehicles from accident scenes, streets, or
highways. A wrecker operator system shall include using a method for apportioning the towing
assignments among the eligible wrecker operators through the creation of geographic zones, a rotation
schedule, or a combination of these methods.
(2) In any county or municipality that operates a wrecker operator system:
(a) It is unlawful for an unauthorized wrecker operator or its employees or agents to monitor police
radio for communications between patrol field units and the dispatcher in order to determine the
location of a wrecked or disabled vehicle for the purpose of driving by the scene of such vehicle in a
manner described in paragraph (b) or paragraph (c). Any person who violates this paragraph commits a
noncriminal violation, punishable as provided in s. 775.083, and the person's wrecker, tow truck, or
other motor vehicle that was used during the offense may be immediately removed and impounded
pursuant to subsection (3).
(b) It is unlawful for an unauthorized wrecker operator to drive by the scene of a wrecked or
disabled vehicle before the arrival of an authorized wrecker operator, initiate contact with the owner or
operator of such vehicle by soliciting or offering towing services, and tow such vehicle. Any person who
violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083, and the person's wrecker, tow truck, or other motor vehicle that was used during
the offense may be immediately removed and impounded pursuant to subsection (3).
(c) When an unauthorized wrecker operator drives by the scene of a wrecked or disabled vehicle and
the owner or operator initiates contact by signaling the wrecker operator to stop and provide towing
services, the unauthorized wrecker operator must disclose in writing to the owner or operator of the
vehicle his or her full name and driver license number, that he or she is not the authorized wrecker
operator who has been designated as part of the wrecker operator system, that the motor vehicle is not
Mutes & Constitution :View Statutes: Online Sunshine
Page 2 of 2
being towed for the owner's or operator's insurance company or lienholder, whether he or she has in
effect an insurance policy providing at least $300,000 of liability insurance and at least $50,000 of on -
hook cargo insurance, and the maximum charges for towing and storage which will apply before the
vehicle is connected to the towing apparatus. The unauthorized wrecker operator must also provide a
copy of the disclosure to the owner or operator in the presence of a law enforcement officer if such
officer is at the scene of a motor vehicle accident. Any person who violates this paragraph commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and the person's
wrecker, tow truck, or other motor vehicle that was used during the offense may be immediately
removed and impounded pursuant to subsection (3).
(d) At the scene of a wrecked or disabled vehicle, it is unlawful for a wrecker operator to falsely
identify himself or herself as being part of the wrecker operator system. Any person who violates this
paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, and the person's wrecker, tow truck, or other motor vehicle that was used during the offense
may be immediately removed and impounded pursuant to subsection (3).
(3)(a) A law enforcement officer from any local governmental agency or state law enforcement
agency may cause to be immediately removed and impounded from the scene of a wrecked or disabled
vehicle, at the unauthorized wrecker operator's expense, any wrecker, tow truck, or other motor
vehicle that is used in violation of any provision of subsection (2). The impounded wrecker, tow truck, or
other motor vehicle must be stored at an authorized law enforcement impound yard. The unauthorized
wrecker operator shall be assessed a cost recovery fine as provided in paragraph (b) by the authority
that ordered the immediate removal and impoundment of the wrecker, tow truck, or other motor
vehicle. A wrecker, tow truck, or other motor vehicle that is removed and impounded pursuant to this
section may not be released from an impound or towing and storage facility before a release form is
completed by the authority that ordered the immediate removal and impoundment of the wrecker, tow
truck, or other motor vehicle which verifies that the cost recovery fine has been paid to the authority.
The vehicle must remain impounded until the fine is paid or until the vehicle is sold at public sale
pursuant to s. 713.78.
(b) Notwithstanding any other provision of law, the unauthorized wrecker operator, upon retrieval
of the wrecker, tow truck, or other motor vehicle removed or impounded pursuant to this section, and
in addition to any other penalties that may be imposed for noncriminal violations, shall pay a cost
recovery fine of $500 for a first violation of subsection (2), or a fine of $1,000 for each subsequent
violation of subsection (2), to the authority that ordered the immediate removal and impoundment of
the wrecker, tow truck, or other motor vehicle. Cost recovery funds collected under this subsection
shall be retained by the authority that ordered the removal and impoundment of the wrecker, tow
truck, or other motor vehicle and may be used only for the enforcement, investigation, prosecution, and
training related to towing violations and crimes involving motor vehicles.
(c) Notwithstanding any other provision of law and in addition to the cost recovery fine required by
this subsection, a person who violates any provision of subsection (2) shall pay the fees associated with
the removal and storage of the unauthorized wrecker, tow truck, or other motor vehicle.
(4) This section does not prohibit, or in any way prevent, the owner or operator of a vehicle involved
in an accident or otherwise disabled from contacting any wrecker operator for the provision of towing
services, whether the wrecker operator is an authorized wrecker operator or not.
History.—s. 3, ch. 98-324; s. 73, ch. 2012-181; s. 65, ch. 2013-160; s. 62, ch. 2014-17; s. 37, ch. 2014-216.
Copyright O 1995-2015 The Florida Legislature • Privacy Statement • Contact Us
Select Year: 2014 IF Go
The 2014 Florida Statutes
ilitilA Chi ter 715 kimilAiMiLaRpm:
REAL AND PERSONAL PROPERTY PROPERTY: GENERAL PROVISIONS
715.07 Vehicles or vessels parked on private property; towing. —
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any county of less than 500,000 population. That site must be open for the purpose of redemption of vehict
on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m.
to 6:00 m. and when closed. sh v
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A business owner or lessee may authorize the removal of a vehicle or vesset by a towing company when t
vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehic
or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or age
*r an- *Aer
be removed without a posted tow -away zone sign.
6. Any person or firm that tows or removes vehicles or vessels and proposes to require an owner,
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(5)(a) Any person who violates subparagraph (2)(a)2. or subparagraph (2)(a)6. commits a misdemeanor of
the first degree, punishable as provided in s. RM,082 or s. 775.083.
(b) Any person who violates subparagraph (2)(a)I., subparagraph (2)(a)3., subparagraph
subparagraph (2)(a)7., or subparagraph (2)(a)9. commits a felony of the third degree, punishable as provided
ZZ5.082, s. ZZ5.083, or s. 775,084.
History.—s. 1, ch. 76-83; s. 221, ch. 77-104; s. 2, ch. 79-206; s. 2, ch. 79-271; s. 2, ch. 79-410; s. 1, ch. 83-330; s. 51, ch. 87-
198; 90-283 s. 839, ch. 97-102; s. 18, ch. 2001-64 s. 5, ch. 2005-137; s. 11, ch. 2006-172; s. 10, ch.
2014-70.
Copyright 0 1995-2014 The Florida Legislature - ECgWy _Staten-el)t - LqnjKt U
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15B-9.006 Wrecker Operator Requirements.
(1) All wrecker operators and drivers must have in their possession a valid Florida driver's license as required by Florida law for
the operation of any vehicle to be driven. Prior to approval, the Division shall obtain background information on each driver,
including the driver history record. Form HSMV 60314 shall be used by the Division to record such information.
(a) The wrecker operator shall immediately notify the division of any changes in wrecker driver(s), wreckers, wrecker unit
numbers, insurance coverage or any other changes relating to ownership or management of the business.
(2) Wrecker operators and their drivers are required to comply and be familiar with the Florida Uniform Traffic Control Law,
Chapter 316, F.S.
(3) Wrecker operators properly at the scene of an accident shall remove only the vehicle involved at the direction of the
investigating officer.
(4) Wrecker operators shall sweep glass from the roadway and remove all debris or hazards from the scene, and comply with the
requirements of Section 316.2044(2), F.S.
(5) Wrecker operators shall impound such vehicles as requested by a trooper or a division representative.
(6) Wrecker driver(s) shall be thoroughly familiar with the operation of the wrecker he/she is operating.
(7) Except as provided in subsection 15B-9.003(14), F.A.C., for Class C wreckers, wrecker operators who are called from the
rotation list shall not delegate or request assistance from another wrecker operator to perform the services necessary to accomplish
the recovery or removal of vehicles in that class as defined pursuant to these rules. A wrecker operator unable to perform the
recovery or removal shall be rotated and the next rotation wrecker on that list shall be called.
(8) The Department is not responsible for any damage to a vehicle caused by the wrecker operator.
(9) Insurance.
(a) The wrecker operator shall maintain the following policies of insurance according to the minimum limits set forth below.
Each policy shall be in the name of the wrecker operator and shall include coverage for towing and storage. The policy shall be
effective throughout the period that the wrecker operator is qualified under these rules. It is not the intent of this rule to limit the
operator to the types of insurance required herein.
1. Worker's compensation and employer's liability insurance as required by statute.
2. Garage liability insurance in an amount not less than $300,000 combined single limit liability.
3. Garage keeper's legal liability insurance in an amount not less than $50,000 for each loss, covering perils of fire and
explosion; theft of a vehicle, its parts or contents; riot and civil commotion; vandalism; malicious mischief; and damage to a vehicle
in tow.
4. The following minimum levels of combined bodily injury liability insurance and property damage liability insurance required
by Section 627.7415, F.S., in addition to any other insurance requirements as required by this rule.
a. Fifty thousand dollars ($50,000) per occurrence for a wrecker with a gross vehicle weight of less than 35,000 pounds.
b. One hundred thousand dollars ($100,000) per occurrence for a wrecker with a gross vehicle weight of 35,000 pounds or
more, but less than 44,000 pounds.
c. Three hundred thousand dollars ($300,000) per occurrence for a wrecker with a gross vehicle weight of 44,000 pounds or
more.
(b) The insurance coverage required shall include those classifications that are listed in standard liability manuals, which most
nearly reflect the operations of wrecker operators.
(c) All insurance policies required above shall be issued by companies authorized to do business in the State of Florida.
(d) The wrecker operator shall furnish certificates of insurance and a "Wrecker Insurance Statement of Compliance" (HSMV
form 60313) to the troop commander prior to approval for participation on the rotation list, and thereafter thirty (30) days prior to the
expiration dates of the policies. The certificates shall clearly indicate that the wrecker operator has obtained insurance of the type,
amount and classifications required for compliance with this rule and that no material change or cancellation of the insurance shall
be effective without thirty (30) days prior written notice to the Division. Upon failure of an approved wrecker operator to provide
proof of insurance, as required by this paragraph, the Division shall provide notice to the wrecker operator pursuant to form HSMV
60311, of its non-compliance.
Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS History -New 1-22-86, Formerly 15B-9.06, Amended 10-15-92.
15B-9.010 Maximum Rates for Towing and Storage.
(1) Public Service Rates. Wrecker operators located in zones in which maximum rates for towing and storage of vehicles
removed at the division's request have been established by a county commission or municipal commission pursuant to Sections
125.0103 and 166.043, F.S., or other applicable authority, shall comply with those rates.
(2) Procedure for setting Rates. The Troop Commander shall establish maximum towing and storage rates for each zone within
the troop which is not otherwise covered by rates set by a county or municipality according to subsection (1) above. In determining
such rates the troop commander shall consider:
(a) costs incurred by the wrecker operator in the storage of vehicles, including the rental or purchase of property, insurance
premiums, and maintenance of storage facilities;
(b) costs incurred by the wrecker operator in the removal of vehicles including maintenance and operation of wrecker units;
(c) prior or existing contracts between wrecker services and governmental agencies for the removal and storage of vehicles;
(d) towing and storage charges currently imposed by wrecker services for rotation and owner's requests calls.
(3) Rates set by the Division shall consist of the following rate schedule. Separate rates may be established for each tow truck
classification (A, B, C, roll -back).
(a) "Base Rate" — The basic charge for responding to a call within a 10-mile radius from the wrecker operator's place of
business. It includes attaching to the disabled vehicle and towing it to the place of storage. It also includes no more than a 30-minute
wait at the accident scene before commencing actual retrieval. Any waiting time at the scene beyond 30 minutes may be charged at
the hourly rate as defined below. Mileage traveled, in going to the scene or in returning to the place of storage, which is beyond the
10-mile radius from the operator's place of business may be billed at the applicable mileage rate.
(b) "Hourly Rate" — The per hour charge for use of a wrecker in retrieving submerged vehicles, upright overturned vehicles,
retrieval from ditches or the attachment of dollies. It does not include travel time or the first 30 minutes of working or waiting time
on the scene. There shall be no separate charge for winching.
(c) "Mileage" -- The rate charged per mile for travel or towing outside of the 10-mile radius from the wrecker operator's place
of business.
(d) "Daily Outside Storage Rate" — The daily rate for storing a vehicle in outside storage based on a 24-hour day, each day
starting at 12:01 a.m. The initial six hours of storage shall be without charge pursuant to Section 713.78(2)(c), F.S. Thereafter, the
daily rate will apply and any fraction of a day will count as a full day.
(e) "Daily Inside Storage Rate" — The separate rate charged for inside storage according to the same criteria as that set forth
above for outside storage.
(4) A maximum of $30.00 may be charged to the owner/driver of a vehicle towed or stored for the preparation, filing or mailing
of any forms required by Florida Statutes, local ordinance or the Division, if a vehicle is in storage for more than 24 hours. This
paragraph does not apply to any action initiated by a wrecker operator to foreclose a lien recognized by Florida law.
(5) Any wrecker operator qualified under these rules who charges a fee for a particular service or services in excess of the rates
established by this rule will be subject to sanctions as set forth in Rule 15B-9.008, F.A.C. A wrecker operator shall not charge the
base towing rate fee for a call resulting in service only to a disabled motorist which does not involve towing the vehicle from the
scene.
Rulemaking Authority 321. 02, 321.051 FS. Law hnplemented 321.051, 321.05(1) FS. History --New 10-15-92.
15B-9.011 Storage Facilities.
(1) Wrecker operators shall provide storage facilities which shall be maintained at the operator's place of business and located
within their assigned zone. These facilities must be fenced and locked for the protection of vehicles and property.
(2) The wrecker operator shall provide storage for all impounded/towed vehicles in the outside storage area unless specific
written instructions are given for inside storage by the impounding trooper or the owner. If required for investigative purposes, the
wrecker operator shall move the vehicle(s) to a designated area for processing prior to storage. In such instance, the Division will not
authorize release of the vehicle until all outstanding charges by the operator, as authorized by the Division, have been satisfied.
(3) The wrecker operator shall not change the type of storage facility (inside or outside) afforded a vehicle without written
permission from the Troop Commander. The wrecker operator shall not change the storage facility location without first obtaining
written permission from the Troop Commander.
(4) If impractical because of zoning or other considerations such as lack of space, storage facilities may be maintained within
the same zone at a place other than a wrecker operator's place of business so long as the following requirements are met as to such
storage facility:
(a) The storage facility is located in the same zone within 5 miles of the wrecker operator's place of business.
(b) The storage facility must be owned or leased solely by the wrecker operator and vehicles stored by the operator must be
separately fenced and locked.
(5) The registered owner of a vehicle or the owner's representatives or owner's insurance adjusters, upon proper identification,
shall be permitted to inspect or photograph stored vehicles during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The
wrecker operator shall not require the owner, adjuster or representative to pay any fee in order to inspect or photograph the stored
vehicle.
(6) All fencing shall be chain -link or solid -wall type, at least 6 feet high, to discourage theft of any vehicle or any property being
stored inside. All storage facilities shall be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a
distance of at least 150 feet during nighttime.
(7) Permanent inside storage facilities must be available for 24-hour storage when weather or other conditions require inside
storage for the protection of the vehicle or personal property. A lean-to, tent or shed does not meet the requirements of this section.
Inside storage must be within a weather -tight building.
(8)(a) A minimum of 25 storage spaces with 3 inside storage spaces must be available. Wrecker operators who have been on the
Division's rotation system for six months prior to the effective date of this rule may continue on the list without regard to the
minimum storage spaces required herein, so long as all other applicable provisions of these rules are met.
(b) Service bays or repair bays do not qualify as inside storage, nor does any area that is utilized for any activity other than
serving as a permanent inside storage area, when vehicles are actually stored inside at the request of a law enforcement agency or the
owner of a vehicle.
(9) Wrecker operators shall comply with hold orders placed by the Division, including any instructions for inside or outside
storage. Vehicles involved in a fatality and sealed by the traffic homicide investigator shall remain intact until the seals are removed
by the investigator. No property of any kind shall be released to anyone without authority of the homicide investigator. If no fatality
occurred, then the vehicle and the property may be released by the wrecker operator upon valid proof of ownership once the hold is
released.
(10) A copy of an inventory prepared by the Division, of all personal property found in a wrecked, disabled or abandoned
vehicle shall be provided to the wrecker operator. The wrecker operator shall permit the removal of such property by the vehicle
owner or his agent from a stored vehicle during normal business hours without charge. The agent's authority shall be evidenced by a
writing acknowledged by the owner before a notary public or other person empowered by law to administer oaths. A signed receipt
for each article removed by the owner or his agent shall be obtained. Personal property shall be defined as any item not affixed to the
vehicle which was in the vehicle at the time of the tow. In the case of vehicles stored where no "hold order" has been placed, the
wrecker operator will directly release any vehicle upon presentation of proper proof of identification and ownership. If these
conditions cannot be met due to unusual or extraordinary circumstances, the vehicle will be released only upon authorization
obtained from the Division.
(11) Wrecker operators handling the initial tow shall exercise reasonable care and control of parts and contents located in
vehicles while under their protection or while in storage.
(12) During the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, wrecker operators will provide adequate staffing at
City of Marathon — Document # 1 — Attached registration form required
Islamorada, Village of Islands — Document #2 — Attached registration required
City of Key West- Document #3 — Must meet the requirements of City of Key West Code 70-
650 along with the attached application
x+r
CITY OF
4�
AR r
FLORIDA
NON-CONSENTUALT01VIVIG
DATE
PLEASE COMPLETE ALL INFORMATION.
TOW COMPANY NAME
PHYSICAL ADDRESS
AILING ADDRESS
OFFICE PRONE ( ) ALTERNATE It ( )
E-MAIL ADDRESS
T COMPANY E J CORPORATION E
*NfERC
RPNAME
PHYSICAL ADDRESS
MAILING ADDRESS
PHONE F( ) I FAX ( )
E-MAIL ADDRESS
STORAGE YARD LOCATION AND INFORMATION
OWNER NAME
PHYSICAL ADDRESS
LOT SIZE (L X W) FENCES ALL HEIGHT
1. REGISTRATION FEE OF $100 DUE ANNUALLY BY JULY 1ST. FAILURE TO RENEW PRIOR TO EXPIRATION
WILL RESULT IN A $250 FEE.
2. WRECKER OPERATORS MUST REGISTER ALL PRIVATE PROPERTIES POSTED AS IDENTIFIED IN 715.07(2)(A)5
F.S. WITH THE CITY CLERK PRIOR TO THE PLACEMENT OF SIGNAGE IDENTIFIED THEREIN. SAID
REGISTRATION SHALL INCLUDE LETTER FROM THE PROPERTY OWNER OR PERSON AUTHORIZED BY THE
PROPERTY OWNER OR LESSEE INDICATING THAT SAID POSTING HAS BEEN REQUESTED AND APPROVED BY
THE PROPERTY OWNER. SUCH LETTER MUST BE EITHER NOTARIZED OR SIGNED BY THE PROPERTY OWNER
OR AUTHORIZED PERSON IN THE PRESENCE OF TWO WITNESSES.
SIGNATURE
DATE
PRINTED NAME
TITLE
2
TOW COMPANY NAME:
PLEASE COMPLETE ALL INFORMATION
PHYSICAL ADDRESS:
MAILING ADDRESS:
OFFICE PHONE:
ALTERNATE #:
EMAIL ADDRESS:
70W7NER I CORPORATION NAME:
TOW COMPANY OWNER CORPORATION NAME
PHYSCIAL ADDRESS:
MAILING ADDRESS,
PHONE Of
FAX #'
EMAIL ADDRESS:
r
E
OWNR NNAME:
STORAGE YARD LOCATION AND INFORMATION
PHYSCIAL ADDRESS:
LOT SIZE (L X W)
FENCE / WALL HEIGTH:
ALTERNATE #:
EMAIL ADDRESS:
1. REGISTRATION FEE OF $100 DUE ANNUALLY BY OCTOBER 1ST. FAILURE TO RENEW PRIOR TO EXPIRATION WILL
RESULT IN A $250 FEE.
2. WRECKER OPERATORS MUST REGISTER ALL PRIVATE PROPERTIES POSTED AS IDENTIFIED IN 715.07(2XA)5 F.S.
WITH THE VILLAGE CLERK PRIOR TO THE PLACEMENT OF SIGNAGE IDENTIFIED THEREIN. SAID REGISTRATION
SHALL INCLUDE LETTER FROM THE PROPERTY OWNER OR PERSON AUTHORIZED BY THE PROPERTY OWNER OR
LESSEE INDICATING THAT SAID POSTING HAS BEEN REQUESTED AND APPROVED BY THE PROPERTY OWNER.
SUCH LETTER MUST BE EITHER NOTARIZED OR SIGNED BY THE PROPERTY OWNER OR AUTHORIZED PERSON IN
THE PRESENCE OF TWO WITNESSES.
Signature:
Date:
Printed Name:
Title:
Key West, FL Code of Ordinances Page 1 of 4
3
Sec. 70-650. - Application for placement; license requirements; revocation.
(1) Selection.
(a) Towing or wrecker companies providing city -initiated towing services shall be selected after
review of the applications by the city manager.
(b) Every application for a towing license shall be in writing with a notarized signature of the
applicant.
(c) Every application shall be filed with the licensing division together with an investigative,
processing fee established in section 70-652
(d) The statements contained in the application shall become part of the towing license and may
be modified only in accordance with the provisions of this article.
(e) Every application for a towing license shall be on a form prescribed by the licensing division
and shall contain all the information required by that form, including, but not limited to:
I. Sufficient information to identify the applicant; including, but not limited to, full legal
name, date of birth or date of formation or incorporation of legal entity, business
telephone numbers, and all business and residence addresses. If the applicant is a
corporation, the foregoing information shall also be provided for each corporate officer,
director, resident agent and shareholder. If the applicant is a partnership, the foregoing
information shall also be provided for each general and each limited partner. Post office
box addresses will not be accepted.
11. Documentation demonstrating that all corporate or partnership applicants are qualified
to do business under state law.
111. Photocopy of all city and county business tax receipts of the applicant.
IV. A list of all persons with any ownership interest in the applicant who have previously been
denied a license.
V. Any trade name under which the applicant operates, intends to operate, or has previously
operated, and a description of proposed, existing and previous towing vehicles' colors and
markings.
VI. A description of the applicant's management plan, which shall include, but is not limited
to: Location and description of all places of business; a description of all towing vehicles
and equipment; a description of the plan and facilities for maintaining towing vehicles and
equipment; a system for handling complaints and accidents, insurance coverage and a
description of any communication system.
Vil. A description of services proposed to be provided, including, but not limited to, days and
hours of operation and types of towing and storage services to be provided.
VIII. Sufficient information to identify the applicant and each employee, including, but not
limited to, full legal name, date of birth and social security number. For each employee,
the wrecker company shall obtain documentation from the relevant local, state and
federal agencies regarding the employee's criminal and arrest history and submit such
information to the city. Wrecker companies shall submit current employee information
every year.
IX.
Key West, FL Code of Ordinances
Page 2 of 4
Individual applicants shall obtain and submit their fingerprints and photographs from an
appropriate law enforcement agency and provide them with the application and, where
civil rights have been revoked, provide such information with the application. If the
applicant is a corporation or partnership, all such information shall be provided by all
corporate officers and directors, or partners, as the case may be, and by all stockholders
who own, hold or control five percent or more of issued and outstanding stock in the
corporation or beneficial interest therein, and by all officers and directors of any
corporate general partners of a partnership and by stockholders who own, hold or control
five percent or more of issued and outstanding stock in a corporate general partner, or
beneficial interest therein.
X. Proof of insurance as required in this article.
XI. The signature of each individual applicant, the signature of the president or vice-president
of a corporate applicant, and the signature of all the general partners of a partnership
applicant.
XII. An affidavit signed by the applicant that the applicant shall abide by this article, city,
county and state law.
XIII. It shall be a violation of this section to fail to report to the licensing division any material
change pertaining to the information supplied by the applicant or licensee for his
license, including, but not limited to, changing the location of the applicant's place of
business prior to issuing the license and during the time period for which the license has
been issued.
XIV. Each applicant for a license shall provide a schedule of all proposed rates and charges
on a form prepared by the licensing division.
XV. Any additional information about the application as the licensing division may deem
appropriate.
(f) In order to be considered for duty tow rotation, the tow company/wrecker service must also
tow abandoned vehicles when directed to do so. The abandoned vehicle rotation list will be
determined by the chief of police or his/her designee. For abandoned vehicles, the duty
abandoned tow/wrecker service will respond within 24 hours of being notified. Unless exigent
circumstances exist, the abandoned duty rotation will be Monday through Friday during
normal business hours.
(g) The city manager or his designee is authorized to issue licenses to applicants who have met
the standards and requirements for a towing license, and to promulgate rules, regulations
and procedures for the application, issuance and revocation of such licenses.
(h) The city manager or his designee shall review and investigate each application for a towing
license and shall reject any application that is not properly filed or is incomplete or untrue in
whole or in part, or which fails in any way to meet the requirements of subsection (e) of this
section.
(i) No towing license shall be issued to an applicant or renewed unless the applicant has
completed the following:
1. Filed with the licensing administrator a true, correct and complete application on the form
prescribed by the licensing section, including all proofs of required insurance.
II. Paid the initial, renewal or late application fee, as applicable.
Key West, FL Code of Ordinances Page 3 of 4
III. Submitted to a background investigation resulting in a determination by the licensing
administrator that:
A. Neither the applicant, nor any officer, director or partner of the applicant, nor any
stockholder owning, holding, controlling or having a beneficial interest in five percent
or more of the issued and outstanding stock of a corporate general partner of a
partnership applicant, has a currently suspended license, has had its license revoked
by action of the licensing director within two years of the date of application, or has
outstanding and unsatisfied civil penalties imposed on account of violations of this
article.
B. Neither the applicant, nor any officer, director or partner of the applicant, nor any
stockholder owning, holding, controlling or having a beneficial interest in five percent
or more of the issued and outstanding stock of a corporate general partner of a
partnership applicant, has been convicted of one or more felonies within the
preceding five years; or that three misdemeanors have been committed within the
36-month period preceding the date of the application, unless the civil rights of such
individual or applicant have been restored or that such person has successfully
completed all sentences of incarceration, probationary periods, required
rehabilitation activities and payment of all fines and penalties imposed. For applicants
requesting renewal, the licensing administrator may only consider crimes committed
after the date the applicant obtained his license, unless such crimes were not
previously disclosed in the original application.
C. Each corporate or partnership application is qualified under the state law to do
business under the trade name or names under which it has applied for a license.
D. No fraud or willful or knowing misrepresentation or false statement was made in the
application.
E. No judgment against the applicant arising out of the activity of recovery, towing or
removing a vehicle or providing storage in connection therewith remains unsatisfied,
unless a stay or reversal of the judgment is procured through the courts.
F. No outstanding warrants of arrest against the applicant nor any officer, director or
partner of the applicant, nor any stockholder owning, holding, controlling or having a
beneficial interest in five percent or more of the issued and outstanding stock of a
corporate general partner of a partnership applicant.
Q) Each towing license shall be on a form prescribed by the licensing section and shall be signed
by the licensing administrator. Each towing license shall contain, at a minimum, the name and
address of the applicant, the dates the license remains in effect unless suspended or revoked,
and a statement of such additional terms and conditions, restrictions and limitations as were
authorized in the application and approval process.
(k) Prior to the expiration of the initial towing license or expiration of the annual license, where
applicable, an applicant may apply for an annual towing license. As a part of the renewal
process, the original application shall be updated and verified by the applicant on forms
prescribed by the licensing division. Renewal applications shall also include such financial
information, as licensing department shall deem necessary to consider the continued
appropriateness of maximum fees established by resolution. Each updated renewal
application shall be submitted at least 60 days prior to expiration of the current initial or
Key West, FL Code of Ordinances
Page 4 of 4
annual license and shall be accompanied by a renewal fee in an amount established by
resolution. The amount of the renewal fee shall be reasonably related to the cost of the
administrative services and regulation provided, and shall be in addition to any other fees or
charges required by this article. All annual towing licenses that are not renewed shall
automatically expire on June 30 following the issuance date and all recovery; towing, removing
and storage services permitted thereunder shall cease immediately. The licensing
administrator shall deny each renewal application that is not timely, not properly filed,
incomplete, untrue in whole or in part, unaccompanied by the required fee, or results in a
determination by the licensing administrator that the applicant has failed to satisfy the
requirements of subsection (i)(111) of this section.
(1) A license issued or renewed pursuant to the provisions of this article shall not be transferable,
nor shall the ownership structure of the license be so modified as to continue a change in
control or ownership of the license, without city commission approval.
(m) Each year the City of Key West will utilize the Consumer Price Index (CPI) asset forth by the
United States Department of Labor as a guideline for possible rate increase/decrease of the
respective duty rotation wrecker/tow companies.
(Code 1986, § 109.02; Ord. No. 06-04, § 6, 3-7-2006; Res. No. 06-292, § 1, 9-6-2006; Ord. No. 08-17, § 1, 10-21-2008, Ord. No. 11-
04, § 1, 2-15-2011)
111111111111111111111111 1111111pa
MEN
a 1
Business Name (Trade Name)
Business Location
Business Phone
3
Corporate Name _
Date formed:
Pres
D/OB
SS #
VP
D/O/B
SS #
Sec
D/O/B
SS #
Treas
D/OB
SS #
Resident Agent
D/OB
SS #
If additional shareholders, provide this information,
including
D/O/B and home address for each person
listed. (no POB accepted)
LLC Name
Date formed:
Mgmb
D/O/B
SS #
Mgmb
D/O/B
SS #
Owner if sole prop
D/OB
SS #
Owners if legal partnership
D/O/B
SS #
D/OB
SS #
Please answer the following questions:
1. Has the applicant, officer, director or partner of the applicant, or any
stockholder owning, holding, controlling, or having a beneficial interest in
5% or more of the issued and outstanding stock of a corporate general
partner of a partnership applicant, have a currently suspended permit, or
have the permit revoked within 2 years of the date of this application, or
have outstanding and unsatisfied civil penalties imposed on account of
violations?
2. Has the applicant, nor any officer, director or partner of the applicant, nor
any stockholder owning, holding, controlling, or having a beneficial interest
in 5% or more of the issued and outstanding stock of a corporate general
partner of a partnership applicant, has been convicted of one or more
felonies within the preceding 5 years; or that 3 misdemeanors have been
committed within the 3 year period preceding the date of the application,
unless the civil rights of such individual or applicant have been restored or
such person has successfully completed all sentences of incarceration,
probationary periods. Required rehabilitation activities and payment of all
fines and penalties imposed.
Must attach: (listed in red = must be current information)
Filing fee ($150)
Corporate, LLC, or Partnership registration from State of Florida
Copy of Key West and/or Monroe County business license
Background check for each applicant, officer, or stockholder of greater
than 5% verifying that he or she has not been convicted of any felonies within
preceding 5 years or over 3 misdemeanors within previous 3 years unless civil rights
restored and sentences served.
_______________________________________________________________.._.-------------------_----------
Signature page (signature required by President, Vice -President, Sole Proprietor,
Managing Member(s), and/or Partners whose name appears on first page of
application) Use as many lines as necessary.
(1) I hereby state that I shall abide by this article, city, county, and state law.
Applicant name printed Applicant signature Date
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this _ day of , 20_ by
Signature of Notary Public (stamp or seal)
Personally known _ or produced ID _
Date
Personally known _ or produced ID
Date
day of , 20® by
Personally known ® or produced ID _
(4) 1 hereby state that I shall abide by this article, city, county, and state law.
Applicant name printed Applicant signature Date
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this ^ day of _, 20 by
Signature of Notary Public (stamp or seal) Personally known _ or produced ID
(5) 1 hereby state that I shall abide by this article, city, county, and state law.
Applicant name printed Applicant signature Date
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this ^ day of _, 20 by
Signature of Notary Public (stamp or seal) Personally known _ or produced ID —.
Reviewed and approved
Reviewed and approved
Parking Division Mgr Date
Licensing Div Date